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(영문) 대전지방법원 2019.07.04 2019노1020
특수상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with labor for not less than ten months) of the lower court is too unreasonable.

2. In light of the following: (a) the Defendant injured the victim C due to an empty beer disease; (b) collected goods to be provided for business at the victim’s place of business; and (c) destroyed them and interfered with their business; and (d) the police officers dispatched behind the crime were subject to bathing and intimidation, which led to bad quality of the crime; and (b) the Defendant was punished several times for the same crime, even if there was an enemy who was punished several times for the same crime, and even if there was a repeated crime, it is necessary to punish the Defendant with severe punishment.

However, it is deemed unfair that the sentence imposed by the court below is too unreasonable, comprehensively taking account of various circumstances, such as the defendant's age, character and conduct, environment, motive, means and result, and circumstances after the crime of this case, where the defendant led to the confession of all of the crimes of this case and the defendant's mistake in light of his nature and behavior, the crime of special injury, damage to property, the crime of interference with business, the victim C and the crime of obstruction of performance of official duties, are not wanting to be punished by the defendant. The defendant was sentenced to imprisonment on August 28, 2014 and the execution of the sentence was again completed on September 11, 2015 and again was deemed to have been lead a relatively faithful social life for three years until he committed the crime of this case.

Therefore, the defendant's assertion of unfair sentencing is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by this court are all the same as that of each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Act concerning the facts constituting the crime;

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